The Colonial Hardware Co Pty Ltd v Seed F. & Anor [1995] FCA 644

Federal Court of Australia

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IN THE FEDERAL COURT OF AUSTRALIA)No. QG 162 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: THE COLONIAL HARDWARE COMPANY PTY. LTD. (A.C.N. 010 854 074) First Applicant AND: FRANK SEED AND JANE SEED Second Applicant AND: BANK OF MELBOURNE LIMITED (A.C.N. 007 270 448) Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 18 August, 1995 WHERE MADE: Brisbane THE COURT GRANTS LEAVE: 1. To the applicants to further amend their statement of claim in terms of exhibit 1. THE COURT ORDERS THAT: 1. In relation to the applicants' further amended statement of claim: (a) particulars of paragraph 10 be provided; (b) paragraphs 31-42, 43(a), 44, 45(b), 49-54 be struck out; (c) leave be granted to re-plead paragraphs 31-37, 42, 44, 45(b) and 54.

2. The applicants' amendments to their further amended statement of claim be filed and served by 1 September, 1995. 3. The applicants pay the respondent's costs of and incidental to the respondent's notice of motion filed 7 August, 1995, with leave to tax these costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 162 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: THE COLONIAL HARDWARE COMPANY PTY. LTD. (A.C.N. 010 854 074) First Applicant AND: FRANK SEED AND JANE SEED Second Applicant AND: BANK OF MELBOURNE LIMITED (A.C.N. 007 270 448) Respondent Coram: Drummond J Date: 18 August, 1995 Place: Brisbane REASONS FOR JUDGMENT I had before me on Monday of this week an application by the respondent to strike out the third attempt by the applicants to plead a case seeking damages and other relief against the respondent. On that occasion, in anticipation that the applicants wished to propose further amendments to the existing pleading, I adjourned the matter to today to give them that opportunity. They have produced a fourth version of the statement of claim upon which they wish to rely, but the respondent maintains its attack upon the sufficiency of the pleading and, indeed, contends that against the background of the unsuccessful attempts made by the applicants to plead sustainable causes of action, the time has come to terminate the entire action.

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Document text

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 162 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: THE COLONIAL HARDWARE COMPANY PTY. LTD. (A.C.N. 010 854 074) First Applicant AND: FRANK SEED AND JANE SEED Second Applicant AND: BANK OF MELBOURNE LIMITED (A.C.N. 007 270 448) Respondent Coram: Drummond J Date: 18 August, 1995 Place: Brisbane REASONS FOR JUDGMENT I had before me on Monday of this week an application by the respondent to strike out the third attempt by the applicants to plead a case seeking damages and other relief against the respondent. On that occasion, in anticipation that the applicants wished to propose further amendments to the existing pleading, I adjourned the matter to today to give them that opportunity. They have produced a fourth version of the statement of claim upon which they wish to rely, but the respondent maintains its attack upon the sufficiency of the pleading and, indeed, contends that against the background of the unsuccessful attempts made by the applicants to plead sustainable causes of action, the time has come to terminate the entire action.

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